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Title III: LAW APPLICABLE TO CROSS-BORDER CONTRACTS

Article L231-1 of the French Consumer Code

For the application of articles L. 232-1, L. 232-2, L. 232-3 and L. 232-4, a close link with the territory of a Member State is deemed to be established in particular: 1° If the contract has been concluded in the Member State of the consumer’s habitual residence; 2° If the trader directs his activity towards the territory of the Member State where the consumer resides, provided that the contract falls…

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Article L232-1 of the French Consumer Code

Notwithstanding any stipulation to the contrary, the consumer may not be deprived of the protection afforded to him by the provisions adopted by a Member State of the European Union pursuant to Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, where the contract has a close link with the territory of a Member State.

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Article L232-2 of the French Consumer Code

Where the law governing the contract is that of a State which does not belong to the European Union, the consumer may not be deprived of the protection afforded to him by the provisions adopted by a Member State of the European Union in implementation of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and…

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Article L232-3 of the French Consumer Code

Notwithstanding any stipulation to the contrary, the consumer may not be deprived of the protection afforded to him by the provisions adopted by a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and…

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Article L232-4 of the French Consumer Code

Where the parties have chosen the law of a State which is not a member of the European Union to govern the contract, the court before which that law is invoked is obliged to set aside its application in favour of the more protective provisions of the law of the consumer’s habitual residence ensuring the transposition of Directive 2002/65/EC of the European Parliament and of the Council of 23 September…

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Article L232-5 of the French Consumer Code

The consumer may not be deprived of the protection afforded by the provisions adopted pursuant to Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts where the contract is governed by the law of a Member State of the European Union.

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Article L232-6 of the French Consumer Code

The consumer may not be deprived of the protection mentioned in Section 7 of Chapter IV of Title III of this Book, including where the applicable law is that of a third country, provided that: -for contracts defined by Article L. 224-70 and relating to the enjoyment of all or part of an immovable property, this immovable property is located on the territory of a Member State of the European…

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